Exergen v. Wal-Mart: Raising the Pleading Requirement for Inequitable Conduct
By Yuri Mikulka and Thomas F. Zuber of Zuber & Taillieu LLP
The Federal Circuit has established a heightened pleading requirement for claims of inequitable conduct, requiring more than “a mere showing that art or information having some degree of materiality was not disclosed.” In Exergen Corp. v. Wal-Mart Stores Inc., 575 F.3d 1312, 1331 (Fed. Cir. 2009) (cit. omitted), the Court… More...

